Also Initiate Discussion on Possible Amendments to AMU Act of 1981 and to the Constitution, if Necessary, to Protect Full Ambit and Scope of Article 30

New Delhi, 6 January, 2006: "The All India Muslim Majlis-e-Mushawarat (AIMMM) has taken note of the judgement of the Division Bench of the Allahabad High Court on the minority character of the Aligarh Muslim University and on its recent policy of 50% reservation for Muslims in admission to some of its courses.

The Judgement is not surprising and is no more than a repeat of the original judgement of October, 2004. Both essentially constitute an exercise in archaeology and have dug out a long forgotten SC Judgement of 1968 in the Azeez Pasha Case and taken advantage of some inbuilt technical lacunae in the AMU (Amendment) Act , 1981. The Judgement had to be dug out to deny to the AMU the benefit of the T.A. Pai Judgement which gives a minority educational institution complete freedom to determine its admission policy and even exceed 50% in reserving its facilities for the minority students.

The Azeez Pasha Case has been severely criticized by a jurist of the eminence of S.M. Seervai as ‘bad law’. For one thing, it was heard by the Supreme Court behind the back of the AMU. And two sitting Judges of the Supreme Court have, on record, suggested a review. But it is there, like a thorn in the path of the AMU and any minority institution. So this thorn has to be taken out, once for all.

The AIMMM, therefore, urges the Central Government, which has now fully and emphatically recognized the minority character of the AMU, to file a SLP in the Supreme Court and seek an immediate hearing. It also calls upon the AMU to file a separate SLP or intervene in the first.

The AIMMM also suggests that, without waiting for the SC’s Judgement on the SLP whatever it be, the Central Government and the AMU should initiate discussion on the shape and form of suitable amendments to the 1981 Act and to the Constitution if necessary, in order to protect not only the AMU but the full ambit and scope of Article 30 which embodies a vital right of all religious and linguistic minorities."